1995-01-27
Article 6
Application of the criminal law to criminal offences committed by Albanian citizens
(Amended by law no. 23, dated 01/03/2012)
Concerning criminal offences committed by Albanian citizens within the territory of the Republic of Albania, the criminal law of the Republic of Albania shall apply.
The criminal law of the Republic of Albania shall also be applicable to the Albanian citizen committing a crime within the territory of another country, as long as that crime is concurrently punishable, unless a foreign court has rendered a final decision. The condition of concurrent punishment in the territory of the other state shall not apply in the cases of corruption-related crimes in public or private sectors and illicit trading in influence.
In the sense of this Article, the Albanian citizens shall also be considered those persons holding another citizenship apart from the Albanian.
Article 7
The applicable law on criminal offences committed by foreign citizens
(amended letter “d” by law no 8733, dated 24.1.2001, Article 2; added letter “h” by law no 9086, dated 19.6.2003, Article 1; added letter “i” by law no 9275, dated 16.9.2004, Article 1; amended letter “c” by law no 9686, dated 26.2.2007, Article 1; added letter “j” by law no 10 023, dated 27.11.2008, Article 1; deleted letter “e” and amended letter “h” and “i” by law no.23/2012, dated 1.3.2012, Article 2)
The foreign citizen, committing a criminal offence within the territory of the Republic of Albania, shall be held liable under the criminal law of the Republic of Albania.
The criminal law of the Republic of Albania shall also be applicable to a foreign citizen committing one of the following crimes against the interests of the Albanian State or citizen outside the territory of the Republic of Albania:
a) crimes against humanity;
b) crimes against the independence and constitutional order;
c) crimes with terrorist purposes;
d) organization of prostitution, illegal trafficking of human beings, children and women, illegal manufacturing and trafficking weapons, drugs, other narcotic and psychotropic substances, nuclear substances, pornographic materials, and illegal traffic of art works, and things of historic, cultural, and archaeological value;
f) counterfeiting the Albanian state seal, Albanian currency, or Albanian securities;
g) crimes affecting the life or health of Albanian citizens, whereof the law provides for a punishment by imprisonment of five years or any other more severe punishment;
h) laundering the proceeds of a criminal offence or criminal activity;”.
i) corruption-related crimes in public or private sectors, and illicit trading in influence;
j) criminal offences in the area of information technology.
Article 7/a
Universal jurisdiction
(Added up by law no 9686, dated 26/02/2007, Article 2; Added letter ‘dh’ by the law no 23, dated 01/03/2012, Article 3)
The criminal law of the Republic of Albania is also applicable to the foreign citizen, being in the territory of the Republic of Albania and not being extradited, and having committed one of the following offences outside of the territory of the Republic of Albania:
a) crimes against humanity;
b) war crimes;
c) genocide;
ç) offences for terrorist purposes;
d) torture;
dh) financing of terrorism
The criminal law of the Republic of Albania is also applicable to the foreign citizen committing one of the criminal offenses outside of the territory of the Republic of Albania, for which specific laws or international agreements, where Republic of Albania is a party, provide for the applicability of Albanian criminal law.
Article 8
Applicable law on criminal offences committed by a stateless person
(Added up by law no 9686, dated 26/02/2007, Article 3)
In connection with a stateless person committing a criminal offence within the territory of the Republic of Albania or a crime abroad, the provisions of Articles 7 and 7/a of this Code shall apply.
